Collaborative Divorce is a concept that was invented a few years ago with noble goals – to allow people to divorce in a non-destructive fashion that will lead to a "win-win" result.
Although many people believe that it "takes the place of" a divorce filed in court and handled by our Civil Justice System, the reality is that it is a technique used to navigate the same path that all divorces follow – Filing, Resolution, and Decree.
There are several misconceptions about Collaborative Divorce. Some people believe that it is faster than a "regular" divorce -- sometimes it is, sometimes it isn't. Some people believe that it is less expensive than divorce -- sometimes it is, sometimes it isn't. Some people believe that it is only appropriate for people that already agree on everything -- that's simply not the case.
Collaborative Divorce is a process that allows the clients to maintain control over their lives to a greater degree than what will happen if they go to court.
Collaborative Divorce provides an extra degree of confidentiality.
And Collaborative Divorce provides an opportunity to resolve problems through open and honest discussion, rather than a trial or arms-length negotiation.
The decision of whether to choose a Collaborative Divorce is significant. One thing that must clearly be understood is that if the collaborative process breaks down, the attorneys for each party not only can withdraw from the case, they must withdraw from the case. The question of what happens to all the work done and fees paid to that point is a big one.
Discussing all of your options with an attorney that has no vested interest in which method you choose to resolve your case is critical. The stakes are too high to do otherwise.
An attorney that is able to both litigate (go to court) and collaborate can help you make the decision that is right for you. Beal Law Firm, PLLC has attorneys that are trained to handle your case wherever you choose – court or Collaborative Divorce conference room.
Here are some Beal Law Firm Resources that may help you with your Collaborative Divorce questions: